Terms & Conditions
Effective 11/12/2018YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR ACCESS TO AND USE OF THE RAUSCH STURM LLP (“RAUSCH STURM,” “we,” “us,” “our”) WEBSITE FOUND AT https://www.rauschsturm.com. IF YOU DO NOT AGREE WITH ANY OF THE LISTED TERMS AND CONDITIONS HEREIN, PLEASE DO NOT USE OR OTHERWISE ACCESS THE RAUSCH STURM WEBSITE OR ANY INFORMATION CONTAINED THEREIN. YOUR USE OF THE RAUSCH STURM WEBSITE IS STRICTLY VOLUNTARY AND SHALL BE DEEMED TO BE YOUR EXPRESS AGREEMENT TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. ALL OR PART OF THE TERMS AND CONDITIONS HEREIN MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES OF THE RAUSCH STURM WEBSITE. YOU SHOULD VISIT THIS PAGE AND THE RAUSCH STURM WEBSITE FROM TIME TO TIME TO REVIEW OUR CURRENT TERMS AND CONDITIONS.
Licensure and Restriction on Use of Materials
This website and all the information it contains, or may in the future contain, specifically including, but not limited to, trademarks, trade names, service marks and logos (collectively, the “Materials”), are the property of Rausch Sturm. The Materials found on this website do not convey legal, accounting, tax, career, or other professional advice of any kind. You acknowledge that Rausch Sturm LLP does not represent you, and we cannot give you legal advice. Any questions about the law should be directed to your own attorney. Your use of this website does not create a lawyer-client relationship between you and us, nor will any information you submit to us via this website or by email be considered a lawyer-client communication and shall not be subject to the attorney-client privilege.
Rausch Sturm grants you a personal, revocable, limited, non-exclusive, non-transferable, license to use the Rausch Sturm Website solely for general information about the firm, to communicate with us regarding your debt, and make payments on your account. Your use of this site is conditioned on your continued compliance with these Terms and Conditions. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. You may use the materials and information from Rausch Sturm Website for your personal and informational use only. No representation is made as to the completeness or accuracy of the information on the Rausch Sturm website. You may print information from the Rausch Sturm Website provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. You may not use the Rausch Sturm Website (or any part thereof) for any commercial purposes or in any manner which is not permitted by these Terms and Conditions. Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast, or circulate any information contained in the Rausch Sturm Website to anyone, including others in the same company or organization. You may not post content from the Rausch Sturm Website to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter, or enhance any of the materials or information from the Rausch Sturm Website in any manner.
THIS WEBSITE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
User Acceptance and Obligations
When you use or access the Rausch Sturm Website, or download any materials from the website, you agree to these Terms and Conditions. If you do not agree to the Terms and Conditions, do not use or access the Rausch Sturm Website or download any materials from it. We may revise these terms and conditions from time to time by updating the “Terms and Conditions” section of this website. We may terminate these Terms of Use and take down the website in whole or in part at any time without prior notice to you.
You expressly agree that Rausch Sturm may transmit your personal information to its third party vendors.
You expressly understand and agree that your use of this website is at your sole risk. To the extent permitted by applicable law, Rausch Sturm will not be liable to you or any other party for any damage, loss, or expense arising directly or indirectly from use of this website or its Content, and you hereby expressly waive any claim against Rausch Sturm for such losses. You agree that your use of this site is a waiver of any prior request that we cease communications with you.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of or relating to your use of the website in violation of these Terms and Conditions, or in violation of any applicable law.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR THE WEB.
By using the website, you agree that with regard to the following prohibited activities:
- You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar process, to access, acquire, copy, or monitor any portion of the website, or in any way reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any information through any means not purposely made available through the website.
- You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to our server, or to any of the services offered on or through the website, by hacking, password “mining”, or any other illegitimate means.
- You may not probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other person, including any account not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
- You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
- You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
If you are using this website to make a payment, you agree that if we process a payment accompanied by any restrictive language, such restrictive language will have no effect and will not constitute an accord and satisfaction or a compromise of your account balance.
Texting/Cell Phone Terms and Conditions
By logging into your account on our website and clicking the opt-in button, you are agreeing to these Texting/Cell Phone Terms and Conditions, you are authorizing Rausch Sturm and/or its clients, agents, contractors, or vendors to contact you regarding your debt at your cell phone number using any means of communication, including any data transmission through that communication, specifically including telephone calls, telephone calls placed by an auto dialer, voice messages, automated voicemail, MMS or SMS (text) messages and/or automated MMS or SMS (text) messages (collectively “Calls”), even if you will be charged by your service provider(s) for receiving such communication. By opting-in and agreeing to these Texting/Cell Phone Terms and Conditions, you give Rausch Sturm LLP permission to send you account-related text messages, like payment reminders and notifications, in conjunction with the services we provide. Please note that the number and frequency of text messages will vary by account. By agreeing to these Texting/Cell Phone Terms and Conditions, you agree you have ownership rights or permission to use the number given to us.
Additionally, message or data rates may apply. By agreeing to these Texting/Cell Phone Terms and Conditions, you agree that Rausch Sturm will not be liable for any fees or charges from your service provider related to such Calls. You are solely liable and responsible for all charges (message and data) that are incurred as a result of Calls by Rausch Sturm. You acknowledge that although Rausch Sturm is only attempting to communicate with you, there is a possibility of loss of privacy (i.e. other individuals with electronic, physical, or visual access to your telephone/telephone number). Please notify us immediately if your cell phone number changes. We are not liable for any communication or transmission of information by Calls which happens because you did not report that your mobile number changed. You acknowledge that password-protecting cellular device(s), enabling encryption, if available, and disabling automatic Bluetooth connection are commonly recommended security protocols, and you agree that we will have no liability for any disclosures of information to others that may occur as a result of your failure to implement such protocols. Calls may include personal information. Since Calls are unencrypted, there is a risk that this personal information could be intercepted or viewed by third parties, including others who access your device. When you receive Calls from us, you do so at your own risk. Once Rausch Sturm receives notice that the telephone number associated with you or your account is no longer in use by you, Rausch Sturm will update our records and cease communication with you at that phone number within a reasonable time.
Rausch Sturm does not guarantee the successful delivery of Calls by your wireless provider. Calls may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of Calls; (b) inaccurate or incomplete content in Calls; or (c) use or reliance on the content of any Callor message for any purpose. You agree that Calls may be sent to you at any time of the day. Wireless carriers are not liable for undelivered or delayed messages. If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages.
These Texting/Cell Phone Terms and Conditions apply to any cell phone number associated with you or your account at the time that you agree to the Texting/Cell Phone Terms and Conditions, as well as any cell phone number we subsequently obtain from you. Text messaging from us may include one-time or recurring texts related to your account, and/or general notifications. Receiving text messages from us is voluntary. In order to stop receiving Calls from us you must tell us which type of Call(s) you wish to opt out from receiving in any of the following ways 1. Writing to us; 2. Calling us; 3. Emailing us; or 4. (only for text message Calls) Responding to text messages with the word STOP. If you opt out of receiving text messages from us by texting STOP, you agree to receive a one-time text message from us confirming the removal of your phone number from our text message service.
If you no longer want to receive Calls from us, the sole and exclusive remedy is to opt out of the program. To opt-out, text STOP to 95487 or text STOP to any text message we send you. An opt-out confirmation message will be sent back to you. To request support, text HELP to 95487 or email us at contactus@rauschsturm.com.Under no circumstances will we be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of Calls. Additionally, you acknowledge and agree that we may record, save, and/or monitor any Calls for retention purposes, monitoring, evidentiary, quality control, or any other purpose deemed reasonable by Rausch Sturm, subject to applicable law. Please note however that we are not under any obligation to do any of the above-mentioned purposes, unless required by applicable law.
These Texting/Cell Phone Terms and Conditions are governed exclusively by the laws of the State of Wisconsin, without reference to its rules regarding choice of law. A Call sent by us is a communication from a debt collector. Any such communication is an attempt to collect a debt and any information will be used for that purpose.
Email Terms
By agreeing to these Terms and Conditions, you are authorizing Rausch Sturm and/or its clients, agents, contractors, or vendors to contact you regarding your debt at any email address associated with you or your account.
Additionally, by agreeing to these terms and conditions, Rausch Sturm will not be liable for any fees related to such above-mentioned emails. You acknowledge that although Rausch Sturm is only attempting to communicate with you, there is a possibility of loss of privacy (i.e. other individuals with access to your email address). Please notify us immediately if your email address changes. We are not liable for any communication or transmission of information by email which happens because you did not report that your email address changed. Password-protecting mobile device(s) and enabling encryption, if available, is recommended. Email messages may include personal information. There is a risk that this personal information could be intercepted or viewed by third parties, including others who access your device or who may have access to your e-mail account (i.e., shared e-mail accounts, workplace e-mail accounts). When you receive email messages from us, you do so at your own risk. Once Rausch Sturm receives notice that the email address provided is no longer in use by you, Rausch Sturm will update our records and cease communication to that email address within a reasonable time. You agree that email messages may be sent to you at any time of the day.
These Email Terms apply to any email address associated with you or your account at the time that you agree to the Terms and Conditions, as well as any email address we subsequently obtain from you directly or from a third party. Email messages from us may include one-time or recurring emails related to your account, and/or general notifications. Receiving email messages from us is voluntary. You may opt out to stop receiving email messages from us. In order to stop receiving emails from us you must tell us that you wish to opt out from receiving emails in any of the following ways 1. Writing to us; 2. Calling us; or 3. Emailing us.
If you no longer want to receive email messages from us, the sole and exclusive remedy is to opt out of the program. Under no circumstances will we be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of email messaging. Additionally, you acknowledge and agree that we may save and/or monitor any email message for retention purposes, monitoring, evidentiary, quality control, or any other purpose deemed reasonable by Rausch Sturm, subject to applicable law. Please note however that we are not under any obligation to do any of the above-mentioned purposes, unless required by applicable law.
These Terms and Conditions are governed exclusively by the laws of the State of Wisconsin, without reference to its rules regarding choice of law. Any email message sent by us is a communication from a debt collector. Any such communication is an attempt to collect a debt and any information will be used for that purpose.
Links to Other Sites
The Rausch Sturm Website site may include links to other websites which are not under Rausch Sturm control. These links are provided for your information and convenience only and are not an endorsement by Rausch Sturm of the content of such linked websites or third parties. Rausch Sturm expressly disclaims any and all responsibility and liability for the content or availability of any linked site or any link contained in a linked site. We may terminate any link or linking program at any time. When you access any of the third party sites linked to this site, you do so at your own risk.
Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY TO ENSURE THAT YOU UNDERSTAND IT FULLY. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING OUR WEBSITE YOU AGREE TO ARBITRATE ANY CLAIMS THAT YOU MAY HAVE OR CLAIM TO HAVE AGAINST US, AND YOU GIVE UP YOUR RIGHT TO ASSERT SUCH CLAIMS IN A COURT AND TO HAVE A JURY DETERMINE YOUR CLAIMS.
This agreement to arbitrate shall be subject to the Federal Arbitration Act (Title 9 of the United States Code), and may be enforced pursuant to that Act. As a result, you waive your right to bring or participate in any class action against Rausch Sturm and agree that any such arbitration shall be conducted solely on an individual basis. These Terms & Conditions and any claims or disputes arising out of or relating to them or use of this website, include the Account Portal, are to be governed by and construed in accordance with the federal laws of the United States and the laws of the State of Wisconsin, without regard to choice-of-law principles. All claims or disputes arising in connection with these Terms & Conditions or use of this website, excluding legal action taken by us relating to site operations and/or intellectual property, shall be resolved solely and exclusively by confidential binding arbitration as provided below.
Prior to initiating arbitration, you and Rausch Sturm each agree to notify the other party to the claim or dispute and attempt to negotiate an informal resolution. You must send any notice of claim or dispute by e-mail to disputes@rauschsturm.com. We will send any notice of claim or dispute to you at the address we have for you. You and Rausch Sturm will attempt to resolve any claim or dispute through informal negotiation within thirty (30) days from the date that the notice of claim or dispute is received. If we are unable to resolve the claim or dispute through informal negotiation, you agree that the claim or dispute will be resolved through binding arbitration by a single impartial arbitrator rather than by a court. Any such claim or dispute shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be conducted in Wisconsin using the American Arbitration Association. The arbitrator’s award shall be final and binding. The courts located within the State of Wisconsin shall exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any claim or dispute arising in connection with these Terms & Conditions or use of this website. However, you agree that any questions as to enforceability of this arbitration agreement shall be decided by the arbitrator. You and Rausch Sturm acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all claims and disputes. You and Rausch Sturm also acknowledge and agree that we are each waiving the right to a trial by jury.
You may opt out of this arbitration agreement by notifying us within thirty (30) days of the first day on which you access this website of your desire to do so. Your notice that you choose to opt out must be sent disputes@rauschsturm.com. You agree that your failure to opt out in such a manner shall act as a waiver of your right to opt out and of any challenges to this agreement to arbitrate.
Updates
This Notice was last updated on 01-01-2024. We may revise this Policy at any time, at our sole discretion, by posting an amended Policy on the Site. You can review the current policy at any time by clicking the link at the bottom of every page on the Site.